Student visa concurrent K-2?

[Sisyphus 1]

Hi, I will soon apply for a K-1/2 visa for my Chinese national fiance(e), including her son. He is close to 19yo and he wants to study in the US. He is considering coming to the US to study while the K1/2 visa app is pending. I know it's only 6-8 months, but he is impatient to begin his studies in the US.

Is it possible for him to obtain a K-2 visa while he is in the US on an F-1 student visa?

If yes, would he be required to return to China to attend the consulate interview?

And hence enter the US on the K2?

Or could he simply stay in the US and be considered follow to join somehow?

(I think not)

Would this situation present any red flags at the Guangzhou consulate?

I appreciate any advice...

Thanks.

[Bobby+Umit 161]

Hi, I will soon apply for a K-1/2 visa for my Chinese national fiance(e), including her son. He is close to 19yo and he wants to study in the US. He is considering coming to the US to study while the K1/2 visa app is pending. I know it's only 6-8 months, but he is impatient to begin his studies in the US.

Is it possible for him to obtain a K-2 visa while he is in the US on an F-1 student visa?

If he is in the US all ready (on the F-1) why would he need the K-2 to enter the US? I would think it would be easier for the parent to adjust him after she get's LPR. (since he is here legally on the F-1).

If yes, would he be required to return to China to attend the consulate interview?

This is normally what happens.

And hence enter the US on the K2?

That is correct, he will probably lose the F-1 visa in the process.

Or could he simply stay in the US and be considered follow to join somehow?

(I think not)

This suggests that he can AOS here on the F-1 once the parent becomes an LPR. *and he is under 21, unmarried (2a) (2b 21+).

If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status.

Would this situation present any red flags at the Guangzhou consulate?

I would play it safe and just go with the K-2 and come with the parent.

I appreciate any advice...

Thanks.

Edited April 13, 2010 by Bobby+Umit

[Darnell 8,478]

I suggest to stick with the K-1/K-2 and IF the son gets an F1 visa, to return BACK to Guangzhou on interview day.

There are age out problems if the mother tries to adjust status for him AFTER she is in USA, without using a K-2 .

Good Luck !

[Sisyphus 1]

Bobby + Umit---

It is my understanding that: if he comes to the US on F1 the his mom comes on a K1, she becomes LPR, it is a multi year process for AOS. A K2 would be a much faster path for her son. Also he would age out in the LPR/AOS process. AM I wrong here?

[Sisyphus 1]

Thanks for the quick respons(s);

Sorry, I guess I should have said: the priority goal is for my fiance(e) and her son to attain LPR as expeditiously as possible.

Bobby+Umit-- He would need the K2 to attain LPR ASAP even though he would be in the US legally on the F1. Waiting for a visa number is a lengthy wait (6 years?) as I understand it.

Thanks just the same, but I seek specific answers to my questions, not theoretical, if anyone has some real world experience on this issue.

[Bobby+Umit 161]

Bobby + Umit---

It is my understanding that: if he comes to the US on F1 the his mom comes on a K1, she becomes LPR, it is a multi year process for AOS. A K2 would be a much faster path for her son. Also he would age out in the LPR/AOS process. AM I wrong here?

Correct - that is why I suggested they play it safe and go the K-2 route now. The only aging out is that the preference would change (2A to 2B) due to age - as long as he remains unmarried that is. The change would increase the wait time for the visa number to be available.

[Darnell 8,478]

Hey - any news?